A man who suffered a broken wrist and a broken ankle when the wheel of a cow trailer, that was being towed by a car, rolled over his foot, during the Lisdoonvarna Matchmaking Festival, was awarded damages of €39,000.
The plaintiff, Paudie Conway (58) of Ballysimon Road, Limerick, had sued the defendant, Brendan O’Connell, Askeaton, Co Limerick, being the driver of a Toyota Avensis that was towing a cow box through the Main Street of Lisdoonvarna village, Co Clare, in the early hours of September 8th, 2019.
Conway told the High Court, Limerick, he had been walking along with crowds of other festivals goers, when O’Connell’s car towing a cow box, overtook him, and the wheel of the trailer went over his right ankle causing him to lose balance and push his hands against the cow box to stop himself from falling.
Conway, an engineering contractor, suffered fractures to his right ankle and right hand, requiring surgery to fix a steel plate in his wrist. He was off work for a number of weeks and continues to suffer from swelling and pain.
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O’Connell accepted during cross examination by Conway’s barrister, senior counsel John Punch with counsel Emmett O’Brien, instructed by solicitor Patrick Kelly, that he overtook Conway while driving in the centre of the street, abreast of a large crowd of festival goers.
Conway and others were walking on the left side of the road, and, cars and caravans were parked along the right side of the route, at the time.
O’Connell, who denied any suggestion he might have been travelling too fast, said he suddenly heard a “loud bang” and felt a severe thump to the cow box. He said he stopped his car and saw Conway lying on the street next to his trailer.
Conway accepted that he consumed around seven pints of beer, and, that prior to the incident with O’Connell’s trailer, he was asked to “move on” by Gardaí after he got into a verbal argument with a car park steward in the village. He had also stumbled and fallen on to a group of people sitting on low wall earlier on the night.
Conway denied under cross suggestions that he intentionally punched O’Connell’s trailer.
Justice Anthony Barr said O’Connell was a professional driver with Bus Éireann and that the cow box he was towing at the time would normally be used for transporting livestock, however, on the night, it contained a double mattress, which O’Connell said he intended to sleep in for the night.
The judge said O’Connell accepted he had been driving around 20km/h at the time alongside a crowd, which, in his own words he considered “lively” and that appeared to be intoxicated.
A garda breathalyser test taken by O’Connell after the incident showed he had no alcohol in his system at the time of the collision.
O’Connell had been driving with dipped headlights and he denied he should have had his full headlights on, or that it was necessary to have had his hazard lights on, given that he was towing a trailer.
Garda Christopher White, who had been on duty in the village, gave evidence that at the time he saw O’Connell driving extremely slowly, almost at a crawl.
Judge Barr found that, O’Connell, knowing that the crowd was “lively” and potentially intoxicated and driving at the equivalent of 20km/h, was driving “too fast and was therefore negligent”.
The judge said “on the balance of probabilities” he was satisfied the accident occurred “in the manner alleged by the plaintiff”.
Barr found that O’Connell’s speed at the time was “somewhat dangerous” given the circumstances.
The judge found Conway “40 per cent responsible for his own injuries that night”.
The judge said it was appropriate to value general damages at full value, at €65,000, and allowing for a deduction, due to contributory negligence on the part of Conway, he awarded him a judgment of €39,000.
